📰 Monthly Immigration Update

August has certainly been a busy month for immigration news…A breakdown of some of these recent developments is below:

September 2026 Visa Bulletin

The Department of State (DOS) has released the September 2026 Visa Bulletin. Several family-sponsored categories advanced significantly, while most employment-based categories remain unchanged.

For September adjustment of status filings, USCIS requires applicants to use the Dates for Filing Chart for family-sponsored cases and the Final Action Dates Chart for employment-based cases.

Visa Bulletin For September 2026

H-1B $100,000 Fee Struck Down by Courts; DHS Subsequently Proposes a $103,265 Additional H-1B Fee for Cap-Subject Cases

On June 8, 2026, the U.S. District Court for the District of Massachusetts issued an order that vacated the Presidential proclamation and USCIS agency guidance implementing the $100,000 payment requirement for certain H-1B petitions. Subsequently, a motion to stay was filed by the Department of Homeland Security (DHS) following the district court’s decision. However, on July 24, 2026, the First Circuit denied the government's motion.

While DHS has stated that it continues to strongly disagree with this federal court decision, USCIS has agreed to comply with the court's order and will not collect or enforce the $100,000 fee for applicable H-1B cases for the time being as appeals and other motions are contemplated by DHS. DHS has also stated that if this order is lifted, the agency still plans to collect the payment. Thus, while this opens a filing window for all H-1B cases to be submitted without the $100,000 H-1B fee, petitioners will need to understand the risk that cases formerly subject to the $100,000 H-1B fee may need to pay this fee at a later date.

On August 24, DHS announced a proposal to establish an additional $103,265 fee for H-1B cap-subject petitions. While this is presently a proposal, not an immediately applicable fee, GG&W will closely monitor this potential rule as it will have a significant impact on future H-1B lottery cases. Note that this rule should not impact any current H-1B cases, including extensions of status, change of employers, H-1B amendments, etc.

Mandatory Electronic Filing

USCIS has announced an interim final rule requiring electronic filing (e-filing) for certain immigration benefit requests. The rule became effective August 11, 2026, although DHS is accepting comments through October 13, 2026. E-filing will likely be required for any form that has been available electronically for filing by USCIS for at least 180 days. This development is part of USCIS' broader transition away from paper-based adjudications.

GG&W will review its filing procedures before submitting paper-based filings that previously were routinely accepted. Exceptions and accommodation procedures will still remain important, particularly where e-filing is unavailable or impractical or a request for a waiver of the e-filing requirement can be made.

USCIS To Require Electronic Filing of Forms: Strengthening National Security | USCIS

DHS Rescinds 2022 Public Charge Regulation

DHS has previously announced a final rule rescinding the 2022 Biden-era public-charge regulation. This new rule is scheduled to take effect on September 18, 2026, and policy guidance has subsequently been issued by USCIS explaining how officers are to make public-charge determinations under the new framework.

USCIS Issues Guidance on Making Public Charge Inadmissibility Determination | USCIS

This rescission and updated guidance represent a major change in the public-charge adjudication framework for cases subject to INA Section 212(a)(4). Applicants should anticipate greater scrutiny of factors relevant to whether an applicant is likely to become primarily dependent on the government for subsistence, most notably in connection with adjustment of status cases, immigrant visa processing, and other forms of family-based immigration.

In addition, based on these new adjudicatory policies, new forms will soon be released for certain processes, including a new Form I-485 form for adjustment of status applicants and a new Form I-765 for EAD applicants. These new editions have been designed in part to conform the form to the revised public-charge framework. Older editions will be rejected once these new forms become active without any transition dates.

Immigrant Visa Appointments Paused at All U.S. Embassies

Due to the upcoming changes regarding the public charge interpretation, DOS recently announced that they have temporarily paused immigrant visa interviews at all U.S. embassies and consulates abroad while training is conducted for adjudicating officers navigating the new public charge guidance.

DOS has started informing applicants with scheduled interviews that these appointments have been cancelled and will be rescheduled at a later date. The length of this pause is unknown at the moment and pre-interview processing with the National Visa Center and other sub-departmental DOS agencies remains in place.

Department of State Expedited B-Visa Appointments Pilot Program - Expansion to New Embassies/Consulates

DOS posted an update on the expedited B-visa appointment pilot program. It has expanded this program from Mission Mexico to Mission Canada, Embassy Bogota, Embassy Guatemala City, Embassy San Jose, and Embassy Tegucigalpa. As way of background, the DOS is testing this nonimmigrant visa (NIV) expedited appointment program at select U.S. embassies and consulates through December 31, 2026.

Under the pilot program, eligible applicants for B visas - those making new appointments or holding existing appointments with unexpired MRV fee receipts - may pay a $750 fee per appointment to schedule a visa interview within 10 business days (subject to availability). Pilot posts will allocate a limited number of appointments daily for the expedited appointment program. If expedited appointments are available, these appointments will be visible for applicants to select when scheduling their appointments. Note that an expedited appointment does not guarantee visa issuance and all applicants will still undergo required screening and vetting prior to visa issuance.

TPS Updates for Nationals of El Salvador, Ukraine, and Sudan

USCIS has sent notices to TPS beneficiaries from El Salvador, Ukraine, and Sudan that extended their authorized employment status through September 9, 2026 for Salvadoran nationals and through October 19, 2026 for nationals of Ukraine and Sudan. Current beneficiaries from these countries are still waiting to see if DHS will reauthorize these TPS programs for an additional designated period.

GG&W will continue to monitor these developments and advise accordingly.

Federal District Court Vacates State Department's 75-Country Immigrant Visa Suspension

In January 2026, Secretary of State Marco Rubio issued a directive suspending immigrant visa processing for nationals from 75 countries due to potential "public charge" considerations. In a decision issued on August 21, 2026, a Federal Court Judge from the Southern District of New York vacated the DOS' ban on nationals from these 75 countries, holding that the ban exceeded Secretary Rubio's statutory and regulatory authority and violates the Immigration and Nationality Act's (INA's) prohibition on nationality-based discrimination in issuing a visa. The court also vacated and set aside any visa denials arising from this DOS suspension and stated that DOS must restore adjudication of immigrant visa applications.

The State Department may, and is expected to, appeal the court's ruling. However, in the meantime, normal immigrant visa processing should resume at embassies and consulates worldwide.

GG&W Article to Be Featured in Immigration Journal

GGW is pleased to announce that an article by

partner Herbert A. Weiss and the firm’s associate, Carolina Fernandez, will be published by the Thomson Reuters immigration law journal, Immigration Briefings.  The expected publication date was August 21.

Their article is entitled “The Art of Influence:  Should Influencers Qualify for O-1B Status?” Influencers and content creators have become major actors in the cultural and business scene of our country.  In a fun, give and take debate, the authors examine whether influencers are artists eligible for the O-1B that is reserved for persons of extraordinary ability in the arts.  The article also examines whether influencers should be eligible instead for the O-1A which is open to persons of extraordinary ability in the sciences, athletics, business, and education.

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